| Case ID |
035734a7-6a33-45da-b275-dfef38416f66 |
| Body |
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| Case Number |
Crl. A. No. 58546-J M.R. No. 289 of 2017 |
| Decision Date |
Oct 28, 2020 |
| Hearing Date |
Oct 28, 2020 |
| Decision |
The Lahore High Court allowed the appeal of Muhammad Afzal against his conviction under Section 302(b) of the Pakistan Penal Code for the murder of Ghulam Muhammad. The court found significant doubt regarding the prosecution's case, particularly in terms of the motive and the reliability of the eyewitness accounts. The court emphasized that the prosecution must prove its case beyond a reasonable doubt and cannot benefit from weaknesses in the defense's case. Given the circumstantial evidence and the lack of independent witnesses to substantiate the claims, the court acquitted the appellant, setting aside the previous conviction and sentence, thus answering the murder reference in the negative. |
| Summary |
In the case of Muhammad Afzal vs. State, the Lahore High Court addressed the appeal against a conviction for murder under Section 302(b) of the Pakistan Penal Code. The court scrutinized the evidence, particularly focusing on the credibility of eyewitnesses and the prosecution's failure to establish a clear motive. The appeal was allowed due to substantial doubts raised about the prosecution's case, including discrepancies in witness testimonies and a lack of independent evidence. The court reiterated the legal principle that the burden of proof lies with the prosecution, which must establish guilt beyond a reasonable doubt. This case highlights the critical importance of credible evidence in criminal proceedings and the legal protections afforded to defendants, including the principle of benefit of doubt. The judgment serves as a reminder of the judicial system's commitment to upholding justice and ensuring that convictions are founded on solid evidence rather than mere allegations. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SADAQAT ALI KHAN,
SHEHRAM SARWAR CH.
|
| Lawyers |
Sikandar Zulqarnain Saleem,
Kamran Javed Malik,
Muhammad Usman Riaz Gill
|
| Petitioners |
MUHAMMAD AFZAL
|
| Respondents |
STATE
|
| Citations |
2022 SLD 1878,
2022 PLJ 129
|
| Other Citations |
2009 SCMR 230,
2016 SCMR 1605,
2009 SCMR 120,
2011 SCMR 1190
|
| Laws Involved |
Pakistan Penal Code, 1860
|
| Sections |
302(b)
|